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| Author | : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 16 |
| Release | : 2013-09-06 |
| Genre | : Political Science |
| ISBN | : 9780215061812 |
Further Government response to HC 923, session 2010-12 (ISBN 9780215559586). Earlier response published as HC 1477, session 2010-12 (ISBN 9780215561473)
| Author | : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 40 |
| Release | : 2014-03-27 |
| Genre | : Political Science |
| ISBN | : 9780215070401 |
The Political and Constitutional Reform Committee publishes its own draft parliamentary resolution setting out the process that should be followed to consult Parliament on conflict decisions, to serve as an interim step towards putting Parliament's role in war making decisions on a legal footing. The Committee has repeatedly called on Government to make progress on the Foreign Secretary's commitment in 2011 to "enshrine in law for the future the necessity of consulting Parliament on military action". The key points of the report are as follows: (1) The debate in the House of Commons on 29 August 2013 regarding Syria and the use of chemical weapons highlighted the important role Parliament plays in conflict decisions; (2) The Government needs to make a clear statement of how it intends to honour the Foreign Secretary's commitment of 2011, and give a specific Minister responsibility for making progress on this.; (3) A parliamentary resolution would serve as a useful interim step towards enshrining Parliament's role in law, by embedding the current convention and clarifying some of the ambiguities that exist under current arrangements.
| Author | : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 110 |
| Release | : 2013-10-17 |
| Genre | : Political Science |
| ISBN | : 9780215062796 |
House of Lords reform is a large and thorny issue on which it has proved very difficult to get political consensus. This inquiry focused on the incremental changes that could possibly be achieved outside the wider reforms that are doubtless required. Creating the power to remove Peers who have actually broken the law of the land and to remove persistent non-attendees will enjoy widespread support and would indicate that the unelected chamber was not opposed to sensible reform. Establishing a consensus about the principles that should determine the relative numerical strengths of the different party groups in the House of Lords, and for codifying such principles, is probably the most contentious of all the issues considered, but it is also the most crucial to any further progress. The Government and political parties in the Lords need to set out their positions on this matter and to engage in dialogue that will establish a consensus before the next General Election, so that both Houses can act upon an agreed reform
| Author | : Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 61 |
| Release | : 2015 |
| Genre | : Law |
| ISBN | : 021508411X |
The Parliamentary Voting System and Constituencies Act 2011 fundamentally changed the way in which reviews of parliamentary constituencies boundaries are conducted. The new rule requiring the electorate of all but four constituencies to be within 5% of the UK average number of electors for a constituency meant that the Boundary Commissions were unable to give adequate consideration to other factors. Although there is a case for the electorates of parliamentary constituencies to be more equal than is the case at present, the Boundary Commissions must be able to take a balanced approach to various considerations-including reflecting local ties and limiting disruption to existing constituencies. If no action is taken, the next boundary review will commence in early 2016. It is recommended that the rules be changed-including relaxing the 5% rule and reversing the reduction of the number of parliamentary constituencies to 600-ahead of the next boundary review. To achieve this, the next Government should make a statement no later than June 2015 on its policy on the rules for the distribution of parliamentary constituencies. This statement should respond to the recommendations set out in this report. The Government should in July 2015 publish a draft Bill for pre-legislative scrutiny and introduce a Bill in the autumn of 2015 to receive Royal Assent by early 2016.
| Author | : Great Britain. Parliament. House of Commons. Political and Constitutional Reform Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 33 |
| Release | : 2015 |
| Genre | : Political Science |
| ISBN | : 0215085817 |
The Political and Constitutional Reform Select Committee was established in June 2010 to consider political and constitutional reform. Over the last five years the Committee has scrutinised the Government's substantial programme of political and constitutional reform - which included fixing the term of a Parliament, bringing forward proposals for recalling MPs, establishing a register of third party lobbyists and implementing Individual Electoral Registration. The establishment of a dedicated select committee to consider these matters has brought additional parliamentary scrutiny to a substantial part of the Government's programme. Should the next Government plan to take forward constitutional reform, a select committee be established to examine the Government's proposals, to keep the progress of any political and constitutional reform under regular review, and to continue the work this Committee has undertaken. The Committee has also highlighted the extent to which it has engaged the public with it's work through consultations and increased use of social media, online surveys and informal events. This public engagement is one of it's greatest innovations, and something which it encourages other committees to adopt in the future
| Author | : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 48 |
| Release | : 2014-05-07 |
| Genre | : Political Science |
| ISBN | : 021507193X |
Following the passage of the Fixed-term Parliaments Act 2011, the date of the next general election has been fixed by statute for 7 May 2015. Greater certainty about the date of the next general election has created a unique opportunity to consider how best this final year can be spent, and the Committee has heard that there is scope both to enhance the quality of public policy debate, and also to better prepare for the next Parliament. Key recommendations are: that this final year be used by the Government, Parliament and political parties to consider some of the long-term issues that will need to be addressed in the next Parliament; arrangements for pre-election contacts between the Civil Service and Opposition be formalised and authorised automatically in the final year of a Parliament, and that the Cabinet Manual should be updated to that effect; that parties work to develop a consensus, before the next general election, on how party policy could most effectively be costed ahead of future general elections - this would improve both policy formation and debate ahead of a general election. Achieving this will require active engagement from the Government, parliamentarians and political parties, and the Committee hopes they will all appreciate the potential for a constructive year ahead of the next general election, and support the recommendations.
| Author | : Great Britain: Parliament: House of Commons: Political and Constitutional Reform Committee |
| Publisher | : The Stationery Office |
| Total Pages | : 44 |
| Release | : 2014-05-14 |
| Genre | : Political Science |
| ISBN | : 0215072049 |
This report is part of the Committee's ongoing work on a codified constitution for the UK. It discusses the constitutional role of the judiciary if there were a codified constitution. If the UK were to move towards a codified constitution, one way of addressing the question of what powers the judiciary should have if they held a piece of legislation to be unconstitutional, would be to introduce the concept of a "declaration of unconstitutionality". This could work in the same way as the declaration of incompatibility used under section 4 of the Human Rights Act 1998 for situations in which UK legislation is held to be incompatible with the European Convention on Human Rights. Furthermore, if the UK were to adopt a codified constitution, there would be no need for a separate constitutional court. The Supreme Court could adjudicate on constitutional matters. It would be understandable if the judiciary were unwilling to comment on the contents of a codified constitution, but it would be important to find a way of hearing their views on the implications of the proposals once the general structure of the constitution had been agreed. If necessary, some of the discussion could take place under Chatham House rules. Retired members of the judiciary would also be likely to feel freer to offer their opinions than those still serving as judges
| Author | : Campbell McLachlan |
| Publisher | : Cambridge University Press |
| Total Pages | : 665 |
| Release | : 2014-09-04 |
| Genre | : Law |
| ISBN | : 0521899850 |
The first modern study of the law governing the external exercise of public power in the UK and the Commonwealth.
| Author | : Clive Walker |
| Publisher | : Routledge |
| Total Pages | : 226 |
| Release | : 2017-10-02 |
| Genre | : Law |
| ISBN | : 1317494741 |
Contingency planning and resilience are of prime importance to the late modern risk society, with implications for law and for governance arrangements. Our risk society continues to seek ever more complex and detailed risk mitigation responses by law, including the UK’s Civil Contingencies Act 2004 and the US Homeland Security Act 2002, which respond to counter-terrorism, natural catastrophes, and other risks. This book seeks to analyse and criticise the legal developments in contingencies and resilience on a comparative basis, which engages with not only law and constitutionalism but also political theory and policy, including relations between public and private, national and local, and civil and military. Two transcending themes are of interest. One is institutional or structural – what bodies and power relations should we establish in a late modern world where Critical National Infrastructure is mainly held in private hands? The second is dynamic and concerns the grant of powers and arrangements for live responses. Both aspects are subjected to a strong critical stance based in 'constitutionalism', which demands state legitimacy even in extreme situations by the observance of legality, effectiveness, accountability, and individual rights. This book was originally published as a special issue of the International Journal of Human Rights.
| Author | : Peter Rowe |
| Publisher | : Routledge |
| Total Pages | : 286 |
| Release | : 2016-04-20 |
| Genre | : Law |
| ISBN | : 1317540328 |
This book discusses the manner in which Britain’s wars, which took place between 2000 and 2015, have interacted with the relevant principles of international law and English law for the purpose, primarily, of considering legal accountability. During a debate in the House of Lords in 2005 a former Chief of the Defence Staff commented that ‘the Armed Forces are under legal siege.’ The book will discuss the major legal issues which have arisen, ranging from the various votes in Parliament to go to war, the constitutional relationship between ministers and senior commanders, the right under international law to use force, the influence of human rights law, the role of the courts in England (including the coroners’ courts), to the legal regime applying to the conduct of UK military operations. It will assess critically whether the armed forces will now have to accept that operations conducted outside the UK are subject to greater legal scrutiny than previously and whether, if this is the case, it is likely to hinder their future military activities. This book will be of great interest to scholars of international law, the law of armed conflict, military studies and international relations, as well as to those with a professional or other interest in the subject matter.
